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Posts posted by afisher
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I've asked before a while ago but just wanted to double check. My wife has a conditional 2 year GC and has been out of the states since 3/24/11. It's my understanding that as long as she returns before 1 year is up she should be fine and allowed entry? Am I correct in thinking this? Thanks for the help.
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What happens after a year? So before a year is up she can re-enter no problem? I was under the impression that 6 months out of the country was allowed only. Thanks.
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My wife went back to Thailand in March, so she's been out of the country (USA) for coming up on 8 months. She has a conditional GC. To come back in what, if any, special form or papers does she need or I need to file? What would happen if she bought a plane ticket in Thailand flew back? Would the officials at the airport here deny her entry to America? Thanks for any help.
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If your wife wanted to stay, she could. She'd file the I-751 with a waiver shortly before her Green Card expires in September of 2012 and by the time the whole thing is adjudicated, the divorce would be final and she would most likely get her unconditional, 10-year card.
For the same reason, she can fly to her old country ("home" for a lawful permanent resident is the US of A, by the way), and return without problems. If she really wants to stay outside the US, she can surrender her Green Card at any time and exchange it for a tourist visa. That works because tourists visas are usually denied to people based on the assumption that they may overstay their visit and remain in the US. However, somebody who is authorized to stay in the US by being a resident, then returns their card with the words "I really don't want to live in the US" eliminates such a risk and will get a B2 in return.
Getting a tourist visa seems like the best plan. When she surrenders the GC will she have to apply for a tourist visa or is it something that she can just request and they'll give it to her?
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So do you know if I need to report anything to immigration or should I just let the GC run out?
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yes it can negatively impact her.....she can stay and when she applies to remove conditions she can state you guys were divorced. can you do a no fault divorce in that case no parties are at fault.....
does she want to move back to her country?
She's leaving at 6 am Thursday morning. She wants to move back to her country.
As far as her staying here, that's out of the question.
If I can somehow get the one year separation waived she could return ti the states in a few months just to get divorced I suppose.
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My wife and I have decided to split up. We are in two different places in life and things aren't working out. We will remain friends and there's no hard feelings between us, it's just how it is.
She is moving back to her country next week, she has her conditional GC and it doesn't expire until Sept. 2012. Do I need to contact anyone or do anything or when her conditional GC expires, that's it?
Will the fact that she has a GC now (that won't be renewed) affect her ability to get a tourist or any other type of visa to America if she wants to visit in the future?
As far as getting a divorce, my state of NC requires a one year separation in order to get divorced. In a year she obviously won't be here so I assume that the grounds would be abandonment? Would that affect her negatively if she were to ever try and get a tourist or any other type of visa?
Thanks for the time to read and answer.
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Green Card came in the mail yesterday. No interview. She's good for 2 years. And just to let everyone know, we did it WITHOUT the NOA2. It never came in the mail.
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Just received the letter yesterday that our GC was approved. We sent AOS in May, was transfered to CSC, got approved with no interview or NOA2.
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Double check your address on the forms you sent (since the EAD is usually sent prior to other documents).
I looked at the form and I put the apt # at the end of the address line box instead of the box next to it. Seems like they should have figured that one out, but I suppose they're not paid to think.
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Her RFE, AP, and Transfer to CSC papers all came to the mailbox without any problem, I don't know why this EAD was any different. Maybe it was a different carrier. I'm going to put her name on the box tonight.
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Well I found out where my wife's EAD Card is. Undeliverable! Seems like somebody screwed up. I just got off the phone with USCIS, hopefully it shows up soon.
On August 23, 2010, the post office returned your Card as undeliverable. We will hold it for 180 days from August 23, 2010 to allow you time to contact us. If you do not contact us at 1-800-375-5283 within 180 days, this document will be destroyed and you will need to file a new application or application for replacement with fee.
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We got an RFE, sent it back, a couple weeks later a letter comes saying your case is transfered to CSC. I check the USCIS website and it says that on June 20th your card was orderd to be produced since then we have got AP, but no EAD. Now the website says we are under inital review. #######!
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Do people always get notified that their RFE was received and the case is back on track? It's been a week since the returned RFE was picked up from the P.O. Box and I haven't gotten a SMS or e-mail from USCIS.
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Just call the 800 number for the IRS. I've already had 2 sets of transcripts set. I sent the first one in and for whatever reason (they lost them)I got an RFE for not sending the previous year (2009) tax info. So I called and got a second set. Very easy.
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We also never received the NOA2. I wrote a letter saying that we have made several attempts at getting one including calling the USCIS offices. Also that it is obvious that the visa was approved because my wife is here, married, has a S.S.#, an A#, I sent them the letter from NVC saying that the visa was approved, a letter showing the interview date. We didn't get an RFE for this, but we did get one for some tax papers.
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I agree with everything in this response. Looks like a case of bureaucratic tunnel-vision;
they look at only one thing and either lost the other relevant document or ignored it.
It looks like you almost gave them too much information, because I think you would have
been OK just giving the 2009 tax transcripts. Be prepared to send another copy of that
in case they ones they got disappeared, and be sure to black out the social security numbers
on the transcript form because it will have your name & address identifying you.
The fewer people that see your SSN the better. I did that when I sent in my transcrips
and there were no objections. The SSN number is printed on multiple pages, so make
sure none appear.
If you have an immigration form requiring the SSN you have to put it there, but anywhere
else it's best to avoid gratuitous copies of your SSN.
Thanks for the reply's. I'm going to do exactly this. If it's not what they want will they send another RFE or something else?
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She changed her last name to yours, so now that is legally her last name. Put that one.
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Does anyone have advice on this?
I am the U.S. Citizen, my wife is filing for AOS. We got an RFE stating:
The petitioner/sponsor on form I-864, Affidavit of Support, indicates they are self employed. Please submit one of the following:
IRS issued transcripts of your Federal income tax return for the most recent tax year,
OR
The Federal Income Tax Form 1040 and supporting schedules filed with the IRS for the most recent tax year.
I became self-employed January 4.2010 so I have not filed any taxes for this year yet. Last year I was employed by a company, and sent my tax transcripts in for 2009 along with a letter stating that I have just recently become self-employed.
Should I send the transcripts in for 2009 again or is there something else they want?
Thanks for any help.
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Nevermind, I got it.
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I just put ours in the mail today. Sent it Certified with Return Receipt.
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How many copies of G-325A do we file? I see some people are filing 4 copies. I don't see where it says to file 4. Is 1 copy enough?
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The question is what is advisable to put as my current individual income? I just started a business this year (jan. 4, 2010) so I'm unsure what would be my annual income because I haven't made a years worth of money. I was above the poverty line last year (2009) and based on the monthly income so far I'll be above the poverty line for 2010. Should I put down last years (2009) income as my yearly individual income? Anyone been in the same boat?
Thanks.
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Hello,
My fiancee will arrive on her K-1 visa at JFK on March 20. Does anyone know what forms they will ask her to complete on the plane and submit upon arrival? Can you provide a web link so we can practice? I would appreciate it. Thanks.
She will have to fill out the I-94, on the plane. Then stand in line and give her sealed envelope to the officer. It's pretty painless, she'll probably even get a work stamp. Mine did.
2 year GC + out of country
in Working & Traveling During US Immigration
Posted
Thanks for the answers. I think if she comes back in she'll enjoy it here more this time around. The transition was hard for her from Thailand to USA. So many differences she wasn't prepared for that she now knows about.